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151 N.C. App. 136

564 S.E.2d 640

State v. Dickson

Court of Appeals of North Carolina · decided 2002-06-18

Cited by 43 later decisions — most recently December 2015 · most notably 153 N.C. App. 69 - State v. Pimental (2002), 161 N.C. App. 527 - State v. Jamerson (2003)

43 state decisions

Key passage — most relied on by later courts

“in appropriate circumstances ... to permit review of the judgments and orders of trial tribunals when the right to prosecute an appeal has been lost by failure to take timely action, or when no right of appeal from an interlocutory order exists, or for review pursuant to G.S. 15A-1422(c)(3) of an order of the trial court denying a motion for appropriate relief.”

quoted by 8 later decisions, including 197 N.C. App. 232 - State v. Koonce, 168 N.C. App. 408 - State v. MacDonell

“[U]nder N.C.G.S. § 15A-1444(e), a defendant who has entered a plea of guilty is not entitled to appellate review as a matter of right, unless the defendant is appealing sentencing issues or the denial of a motion to suppress, or the defendant has made an unsuccessful motion to withdraw the guilty plea.”

quoted by 1 later decision, including 166 N.C. App. 762 - State v. Styron

Applies NC 15A § 15A-1444

Relies on 34 N.C. App. 53 - Neasham v. Day

Good law ✅— No negative treatment on recordhow we know

Decided 2002-06-18

View the full empirical analysis of this case →

GREENE, Judge.

¶1 Kenneth Mast Dickson (Defendant) purports to appeal from a judgment dated 2 April 2001 entered consistent with his plea of guilty to impaired driving and from an order filed 4 June 2001 denying his motion to dismiss. In the alternative, Defendant petitions this Court for writ of certiorari.

¶2 On 7 March 2001, Defendant filed a motion to dismiss the charge of impaired driving. Defendant’s motion was denied both in open court on 2 April 2001 and in an order filed 4 June 2001. Subsequently, Defendant pled guilty to impaired driving. Defendant assigns as error the trial court’s denial of his motion to dismiss the charge against him.

¶3 The dispositive issue is whether this Court has the authority to review the trial court’s judgment entered consistent with Defendant’s plea of guilty.

¶4 Unless appealing sentencing issues or the denial of a motion to suppress, a defendant “is not entitled to appellate review as a matter of right when he has entered a plea of guilty ... to a criminal charge in the superior court, but he may petition the appellate division for review by writ of certiorari.” N.C.G.S. § 15A-1444(e) (2001). While N.C. Gen. Stat. § 15A-1444(e) allows a defendant to petition for writ of certiorari, this Court is limited to issuing a writ of certiorari

in appropriate circumstances ... to permit review of the judgments and orders of trial tribunals when the right to prosecute an *138 appeal has been lost by failure to take timely action, or when no right of appeal from an interlocutory order exists, or for review pursuant to G.S. 15A-1422(c)(3) of an order of the trial court denying a motion for appropriate relief.

¶5 N.C.R. App. P. 21(a)(1). The North Carolina Constitution “gives exclusive authority to [our] Supreme Court to make rules of practice and procedure for the appellate division,” thus, where, as here, “the North Carolina General Statutes conflict with Rules of Appellate Procedure, the Rules of Appellate Procedure will prevail.” Neasham v. Day, 34 N.C. App. 53, 55-56, 237 S.E.2d 287, 289 (1977).

¶6 In this case, under N.C. Gen. Stat. § 15A-1444(e), Defendant has no right to appeal the judgment entered consistent with his guilty plea. In addition, Defendant has not failed to take timely action, is not attempting to appeal from an interlocutory order, and is not seeking review pursuant to N.C. Gen. Stat. § 15A-1422(c)(3). Thus, this Court does not have the authority to issue a writ of certiorari. Accordingly, because Defendant does not have a right to appeal and this Court is without authority to grant a writ of certiorari, Defendant’s appeal is dismissed.

¶7 Dismissed.

Judges HUDSON and BIGGS concur.
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